WI WJIC 815 Privilege: Self-Defense: Not Available to One Who Provokes an Attack: Regaining the Privilege

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Jury Instruction Number:

Wisconsin Jury Instruction Criminal (WJIC)

Volume I

Privilege

815 Privilege: Self-Defense: Not Available to One Who Provokes an Attack: Regaining the Privilege – § 939.48(2)

[ADD THE FOLLOWING TO WIS JI CRIMINAL 800, 801, OR 805 WHEN SUPPORTED BY THE EVIDENCE.]

Provocation

You should also consider whether the defendant provoked the attack. A person who engages in unlawful conduct1 of a type likely to provoke others to attack, and who does provoke an attack, is not allowed to use or threaten force in self defense against that attack.

[USE ANY OF THE FOLLOWING PARAGRAPHS THAT ARE SUPPORTED BY THE EVIDENCE.]

[However, if the attack which follows causes the person reasonably to believe that he2 is in imminent danger of death or great bodily harm, he may lawfully act in self defense. But the person may not use or threaten force intended or likely to cause death or great bodily harm unless he reasonably believes he has exhausted every other reasonable means to escape from or otherwise avoid death or great bodily harm.]

[A person who provokes an attack may regain the right to use or threaten force if the person in good faith withdraws from the fight and gives adequate notice of the withdrawal to his assailant.]

[A person who provokes an attack whether by lawful or unlawful conduct with intent to use such an attack as an excuse to cause death or great bodily harm to another person is not entitled to use or threaten force in self defense.]